_ 1
<br />86-- 105121
<br />the performance of any of its duties hereunder, or in the exercise of any of Its rlgnts or powers, Ir n snap nave grouuue, ew
<br />believing that the repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it-
<br />tc1 Trustee m:iy consult with counsel of its own choosing and the advise of such counsel shall he full and complete
<br />wthoriiz.;ifon and protection in the respect of any action taken or suffered by it hereunder in good faith and in reliance thereon:
<br />rdt Trusty shall not be liable for any action taken by it in good faith and reasonably believed by it to be authorized or within
<br />the discretion or rights of powers conferred upon it by this Deed of Trust.
<br />z' TRUSTEE'S FEES: Trustor expressly covenants and agrees to pay and discharge all cost, fees and expenses of this Deed of
<br />Trust, including in the event of sale by the Trustee ofsuch property, theTrustee's coats, expenses and fees, which fees shall not
<br />exrced $..5M.M plus " of I% of the amount secured hereby and remaining unpaid.
<br />SUBS iITUTiON OFTRUSTEE: That Beneficiary may, from time to time, by instrumentin writing, subetitnteaaucceasor '
<br />or successore to any Trustee named herein or actinghereander, which instrument, executed and acknowledged by Beneficiary -
<br />and recorded in the office of the register of deeds of the county or counties where such property is situated, shall be conclnaive..
<br />proof of proper substitution of ouch Trustee or Trustees who shall without conveyance from the Trustee predecessor. to
<br />all its title, estate rights, power and duties.
<br />NO WAIVER BY BENEFICIARY: No waiver by Trustee or Beneficiary of any right under this Deed of Trust shall be
<br />effective unless in writing. Waiver by Trustee or Beneficiary of any right granted to Trustee or Beneficiary under this Deed of
<br />Trust or of any provision of this Deed of Trust as to any transaction or occurrences shall not be deemed a waiver as to any`" .
<br />future transaction or occurrences. By accepting payment of any sum secured hereby after its due date, or by making any
<br />payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or perform or by, -
<br />adding any payment so made by Trustee or Beneficiary to the indebtedness secured hereby. Beneficiary does not waive its
<br />right to require prompt payment when due of all other sums so secured or to require prompt performance of all other acts'
<br />required hereunder. or to declare a default for failure so to pay.
<br />W AiVER OF STATUTE OF LIMITATIONS: Time is of the essenre in all Trustor's obligations hereunder, and to theextent<,'
<br />permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation
<br />secured hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder_
<br />INSPECTION AND BUSINESS RECORDS: Beneficiary at any time during the continuation of this Trust may enterand
<br />inspect such property at any reasonable time. Trustor agrees that, when requested by Beneficiary, Truster will promptly
<br />+deliver to Beneficiary such certified financial statements and profit and lose statementsofsuch types and at rich intervals as
<br />may be required by Beneficiary which will be in form and content prepared according to the usual and acceptable atromiting
<br />principles and practices. which statements shall cover the "financial operations relating to Truster or such property and
<br />Truster further agrees when requested by Beneficiary to promptly deliver in writing such farther additional information as
<br />required by Beneficiary relating to any such financial statements.
<br />:i
<br />RFMF I)I FS: No remedy herein provided shall be exclusive of any other remedy herein or now or hereafter existing by law.
<br />but shall be cumulative. Every power or remedy hereby given to Trustee or to Beneficiary or to which either of them may be,
<br />otherwise entitled. may he exercised from time to time and as often as may be deemed expedient by them, and either of them
<br />may pursue inconsistent remedies. If Beneficiary holds any additional security for any obligation secured bereby.it may
<br />l
<br />vnforre the sale thereof at its option, either before, contemporaneously with, or after the sale is made hereunder and on any
<br />default of Trustor, Beneficiary may; at its option; offset against any indebtedness secured hereby, and the Beneficiary is
<br />'. 3riarM authorized and empowered at its option, without any obligation so is do, and without affecting the oblagaitonshereof.
<br />- to appi v toward the payment of any indebtedness ofthe Trustor to the Beneficiary, any and all sums ofmonev ofTrustor which
<br />. roav havein its possession or Kinder its control. including without limiting the generality ofthe foregoing any savingsaimount, .
<br />deposit, investment certificate, escrow or trust funds.
<br />LAW APPLICABi.E, That this Deed of Trust shall be construed according to the laws of the staW of .Nebraska
<br />Il I.FtiAl.i7 F In the event that any provision or clause of this Herd of Trust conflicts with applicable, law, such conflict, ..
<br />shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this
<br />end thr provisions of this Deed of Trust are declared to be severable.
<br />t, iENERALPROVISIONS (a)This DeedofTrugt applies to. inarm to the benefit of. and binds all parties hereto, their heirs,"
<br />l?gatecs, devisees, administrators, executors, successors and assigns ib! the term "Beneficiary" shall mean the owner and
<br />holder (including a pledgee) of any note secured hereby, whether or not names as Beneficiary herein. (c) Wherever thecontext-
<br />�o requires, the masculine gender includes the feminine and tteuter, the singular number includes the plural, and vice versa. (d)
<br />Captions and paragraph headings used herein arc for convenience only, are not a partofthis agreement, and shall notbe used,
<br />in mmotruing it- If more than one person is named herein as Trainor. each obligation of Trustor shall be the joint and several.
<br />obligation of each such person. The rights or remedies granted hereunder. or by law, shall not be exclusive, but shall be
<br />cimcurt"t and cumulative.
<br />TRi'A" i EE ACCEPTS this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by
<br />low. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or
<br />prne:eeding in which Trusty, Beneficiary or Trustee shall be a party. unless brought by Trustee.
<br />' Maihng sddreas feu noticAmwTrustor=
<br />F,0, Sox 11532
<br />Grand Island, TdF.
<br />b8$132
<br />IN WITNE% WI.14REOV, Trustat has executed this Deed of Tr t o e su first shove written.
<br />((hh
<br />r
<br />�
<br />Sm.
<br />W oRPPrRATF SFAl
<br />c
<br />
|